Representation at FPEB and experience with DC Navy Yard

J

jfudgeelder

PEB Forum Regular Member
Registered Member
Hello to all, I'm a first time poster here but I've been lurking behind the scenes reading the forum for quite a while.

I received my ratings from the IPEB this morning. I looked at the paper, looked at the PEBLO, asked if I was seeing this right, then just laughed at it. The DoD rated me unfit at 0% and the VA put me at 40%. They actually denied my claim for behavioral health and insomnia, even though I've been on sleep medication for more than a year or two and been attending counseling for slightly longer than that. Furthermore, my primary referred condition for knee issues came back with a 0% from the DoD and VA. I also scored at the minimum threshold for hearing loss and if I was one percent lower, I would have had that too. Anyhow, I'm getting off track.

I immediately said I was going to appeal. Even if I hadn't been rated at 0% from the DoD, I sure as heck would have appealed this crap.

My question for you experienced people is if anyone has paid for a lawyer to represent them out of pocket. If so, was it local or did they travel? I have no idea if that's a legitimate and worthwhile option.

Secondly, does anyone have experience with the FPEB at the Washington Naval Yard? I think that's where I'll be going since I'm in the national capitol region.

If you need more information, let me know! I'll post my spam up here.
 
Who denied the claim for behavorial health and insomnia? Was it the VA, the Navy or both?

What conditions did the PEB find unfitting.

If you are to be separated, it is better to be for a 0% VA rated condition because the VA will not offset you severance pay.

For what condition(s) did the VA rate you at 40%?

Mike
 
My referred conditions are left and right knee PFS with tendonitis. Bilateral chondromalacia.
The DoD also mentioned my back pain but said it was not unfitting.

VA conditions and ratings are as follows:
Left and right knee condition mentioned above at 0%
Right shoulder rotator cuff tendonitis 10% (I have a tear in the bicep tendon and a SLAP tear, along with some little cysts)
Chronic lumbar strain 10% (MCMAP gone wrong, dislocated spine. Had back pain before that but that sure as heck didn't help)
Left and right wrist tendonitis 10% and 10%
Tinnitus 10%
Muscle group injury XXI costochondritis 0%
Hallux rigidus right and left foot, both 0%
Hallux valgus right and left foot, both 0%
All of the above combined for a 40% from the VA.
Bilateral hearing loss denied. (If I was one percent worse, I would have had it).
PTSD/Insomnia denied. (I guess all that time at behavioral health and medication for that plus sleep medication is what normal people do)
Right/left hip pain denied.

DOD echoed the VA findings and returned unfit, sep with severance, 0%.
 
Why was the PTSD/insomnia denied? Did they say you did not have this condition or did they state it existed prior to service/

Mike
 
The note says no diagnosis. I actually believe that isn't an unreasonable finding because I didn't do very well in the VA mental health exam. When the P&C exams were scheduled, I was simply given the time and what hospital to go to. I wasn't the least bit prepared to talk and the doctor I talked to was a male, which makes it even more difficult. I didn't even tell that doctor all the information and I really think I grossly understated my condition. I went back to see my regular behavioral health doctor and told her about the exam but she assured me the board could see her notes as well and that I shouldn't worry. I've also never really pursued a diagnosis with counseling, I just went for treatment and so PTSD may not be the proper diagnosis. I think I do meet the requirements for PTSD but I could also claim under an anxiety disorder and then claim primary insomnia on top of that. I am undoubtedly going to redo my behavioral health exam because I was very fit mentally before I went to the unit where this all happened.
 
Side note- My Anxiety Disorder and Insomia were lumped together, not seperated. On the paperwork, the VA explained stating that Insomnia is a symptom of the Anxiety Disorder and not a seperate issue, even though I'm being treated for two different diagnoses. The initial rating was 30%, but it is currently going through a reevaluation, due to worsened symptoms since my VA Exam was completed September 2011 and my proposed ratings did not come back until August of 2012.
 
Mine are together as well, though I do believe they are separate issues. They definitely aggravate each other but after talking with the PEBLO, I decided to leave them as one condition to increase the DoD/VA rating and likelihood of being found unfit.
 
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